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Saturday, June 3, 2017

Image: Relatives of the disappeared marched in support of OMP and
calling for its early establishment on on 30.08.2016 in Colombo. (c)
s.deshapriya.

02/06/2017

“More than eight years after the end of the war and two years into the
“Yahapalanaya government”, time is of the essence for the Government to
deliver on some of its most crucial promises. President Sirisena must
act now!” says Colombo based think tank the Centre for Policy
Alternatives (CPA) issuing a statement.

CPA further says that enforced disappearances and missing persons are
issues that have plagued Sri Lanka for several decades, with successive
governments appointing numerous commissions and committees with little
or no follow up action. The OMP Amendment Bill (Office on Missing
Persons (Establishment, Administration and Discharge of Functions)
(Amendment) Bill) is presently listed for debate in Parliament on 7th
June 2017. In such a context, President Maithripala Sirisena must
fulfill his constitutional duty and take steps to establish the OMP,
appoint independent and experienced individuals to the OMP and provide
for the necessary resources and assistance for its effective
functioning.

The full text of the statement follows:

A CALL TO PRESIDENT MAITHRIPALA SIRISENA: ESTABLISH THE OFFICE OF MISSING PERSONS IMMEDIATELY

1st June 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives
(CPA) is deeply concerned with the inaction of the Government of Sri
Lanka in realising key promises made to a significant number of its
citizens about the search for their disappeared and missing loved ones.
Despite the numerous calls for action including persistent protests by
victims, their pleas have gone unheeded. The ambitious promises made in
2015, including the establishment of the Office of Missing Persons (OMP)
and the criminalising of enforced disappearances, are yet to be
fulfilled.

Legislation to establish the first permanent and independent mechanism
to investigate enforced disappearances and missing persons was enacted
by Parliament in August 2016. Despite shortcomings in the drafting
process, CPA welcomed the legislation as a genuine opportunity to break
from the past and provide answers to victims. More than nine months
after the legislation was enacted, CPA is disappointed that the OMP
remains yet another elusive mechanism. Moreover, CPA is concerned that
rather than establish the OMP, the Government has introduced draft
legislation to diminish the OMPs ability to enter into agreements
necessary to achieve its mandate. This amendment could potentially
impede the functioning of the OMP as an independent and effective
institution. CPA is informed that the OMP Amendment Bill (Office on
Missing Persons (Establishment, Administration and Discharge of
Functions) (Amendment) Bill) is presently listed for debate in
Parliament on 7th June 2017. In such a context, CPA reiterates its
previous calls and urges President Maithripala Sirisena to fulfil his
constitutional duty and take steps to establish the OMP, appoint
independent and experienced individuals to the OMP and provide for the
necessary resources and assistance for its effective functioning. Any
new amendments to the legislation should be done in good faith and
should not vitiate the purpose of the OMP.

Enforced disappearances and missing persons are issues that have plagued
Sri Lanka for several decades, with successive governments appointing
numerous commissions and committees with little or no follow up action.
CPA has in commented on the numerous flawed state initiatives that
failed to deliver on truth and justice to victims, with many initiatives
re-traumatising victims and giving false hopes. In effect, such
initiatives made a mockery of the dignity of victims, with the delays
and inaction further exacerbating the culture of impunity. These are
reminders as to why another committee, as indicated in recent statements
by President Sirisena, will be a mistake. It will further compound the
notion that the Executive President, by design or omission, is more
inclined to perpetuate the silence and impunity that fosters deep
divisions and mistrust than assist thousands of his fellow citizens in
find answers about the disappearance of their loved ones.

Decades of wrongs by the State and non-state actors have had a profound
impact on citizens across Sri Lanka and contributed to a legacy of
violence. Inaction and apathy now will strengthen the hands of the
critics waiting for the Government to squander this unique opportunity
to usher in reforms for truth, justice and reconciliation. More than
eight years after the end of the war and two years into the
“Yahapalanaya government”, time is of the essence for the Government to
deliver on some of its most crucial promises. President Sirisena must
act now!